San Jose woman guilty of obstruction in DUI incident

A jury found a 28-year-old San Jose woman guilty of resisting, obstructing and delaying a peace officer during an incident in which she refused to take a taxi home after her driver was found to be driving under the influence.

On Nov. 29, California Highway Patrol officers stopped a vehicle for speeding on Imjin Parkway off Highway 1 north, according to the Monterey County District Attorney’s Office.

The driver was arrested for driving under the influence of alcohol; Dulce Guerra, the vehicle’s owner, was sitting in backseat with another passenger.

The officers told Guerra the car would be towed, and she needed to find another way home. The officers called a taxi for the other passengers, but Guerra refused to get in the taxi and instead became verbally aggressive toward officers while refusing to leave her vehicle, according to the DA’s office.

When the tow truck arrived, she got out of the backseat of her vehicle and sat on the hood. The officer asked her to move several times, but Guerra refused. The officer then tried to lead her out of the way of the tow truck driver, but Guerra physically resisted the officer’s efforts, prosecutors said.

She pulled her arm away, leaned her body back and used her other arm to grab onto her vehicle. The officer then placed her under arrest.

The case was investigated by CHP Officer Joshua Freshwater. Guerra is scheduled to be sentenced Sept. 16.